at 11:00 a.m. and he's going to be back at 4:00 p.m. on the fox news channel and back at 8:00 p.m. that's it for the cost of freedom block. i will see you on fox week days noon eastern time. >> we can respect the second amendment and keep a few from causing harm on a natural scale. >> president obama gets set to begin his second term, his agenda is confronting major challenges. and today gun right activist are issuing a call for action and show support for an assault against the second amendment rights. >> the president's program is false and misleading. >> tough tough from mayor guiliani who said stricter gun laws will make it difficult for the police to do their job

and give the bad guys an advantage. but guiliani would back an assault weapon's ban with conditions. hello. i am uma. live from the nation's capitol, starting right now. >> we begin with a breaking story that continue to raise concerns over seas. we have new respects coming in moment by moment on the four-day hostage situation in algeria. the country's new's agency said 7 hostages were killed by militants before the special forces stormed in. there is breaking details, greg? >> you are right. as with everything in the story there are shifting numbers and facts and seemed to be in algeria, that stand off is over and at least one report is saying that more americans are free. algerian security special forces stormed the last bastion of the al-qaida linked

armed militants in the natural gas complex. according to the algerian government. 11 militants still hole would up there were kill also 7 foreign hostages were killed by the militants themselves. the new's agency quoting a security force is saying that 16 foreign hostages today were freed and including in that number two americans . we believe that two americans are still not accounted for. but we don't have it confirmed from the state department in washington. that is one report. there was a report that one american was kill would earlier in the saga and five others were freed. all told 29 militants were kill would and all of them running for the past four days and 19 hostages. secretary of defense leon panetta was there and had strong words.

>> since 9/11, we have made very clearr that, that nobody is going to attack the united states of america and get away with it. for that reason, we have made a commitment that we are going to go after al-qaida wherever they are. >> in this specific case we are talking al-qaida and the group thought to be responsible for the operation . a few more facts here uma, british petroleum and bp are running the facility. they have said that four of their staffers still remain unaccounted for. on the other hand, we are getting new word that eight british hostages thought to be unaccounted for are believed to be safe. it is a very shifting situation . algerian security forces came across 15 body and charred and burned and said to be waiting for investigation.

shifting stories and we are waiting for the crucial bit of information from washington and the state department, except for the tragic case of one american lost that we know for sure, that all other americans that were held hostage are free and safe. we don't have that information yet. back to you. >> greg, thank you for the update. news out of iran. the country will not stop the uranium enrichment program. iran claims it is for peaceful purposes, but the international atomic energy suspect they may have tested triggers for atomic weapons. this made after intense talks and another round is set for next month. and back in this country president obama will be officially sworn in the blue

room. it must happen on the 20th of january. but all of the formal pomp and circumstance will be in front of the capitol on monday. during the first inaugural two million people attended the event. it is expected that the crowds will be smaller with 700,000 braving the chilly temperatures in the nation's capt cament . the president has seen a lot of excitement with this day dubbed the national day of service and the president helped to paint a mural in a local elementary school and joining us now is a former obama white house spokesman . welcome, great to have you here. thank you for having me. >> what about the day of service and why is it important to tie it to his in- inauguration. >> we are kicking off with a national day of service.

this is a tradition that the president would like future presidents to carry on. repairing schools and making care package for the service members and we are seeing a great turn out on the national mall it is an appropriate start to the inaugural celebration. >> there is a more subdued tone to the festivities and scaled back on the events, can you tell us why? >> we have seen an incredible outpouring of support. they are typical smaller for the second inaugural. people are participate nothing all 50 states. you don't have to come to washington d.c. to participate in the event. we had 2800 applicant to apply for 50 spots representing for the states.

for security we moved all of the balls in one sight so we didn't have to shut down the entire city of washington d.c.. we learned from the first inaugural. we are seeing an incredible amount of participation and in our community, you can participate at home today. >> we'll talk about the president's legacy in the second turn. he promised to cut the nation's debt in half and comp prehension immigration form . that didn't happen. is he now poised to focus on his legacy and go back to making good on the earlier promises? >> looking at the promises laid out in the 2008 campaign to end the war in iraq and he did that to provide affordable health care and he did that to reduce the dependence on foreign oil. change doesn't happen overnight and this is an eight

year endeavor to accomplish these things and seeing the agenda and pursuing comprehensive immigration reform and pursuing the deficit in a balanced way and hear more in the state of the union address and many of the campaign are organizing and they are passing that initiative. >> he will make good on cutting the nation's debt in half? >> absolute he. he put forward a plan to reduce the deficit by four trillion in a balanced way and that is it a top priority and as he enters the year with this congress and i expect you will hear more ahead . >> the president has tough challenges. the gun debate and debt ceil job creation . will we see a different leadership style in his second term? >> i think one thing that is clear this time around, the

american people voted to reduce the deficit in a balanced way. they voted to pass the comprehensive immigration reform . 90 percent of the american public supports universal background checks and one of the things that campaign supporters will make sure, he has a man date every time to enact the changes and the house republicans are responsive to what the american people voted for and public opinion is . you will see a lot of the ground support in the weeks ahead. >> let me ask you a question. what about the divide that remains between the president and republicans? will he make more of an effort to find common ground? >> i think the president certainly has done an outreach on both sides of the aisle and on issue after issue, he's willing to put a traditional democratic party orthodoxy to pass it in a bipartisan way.

this ultimately is a bipartisan organization that seeks support from both sides . the president is not going to abandon his core principles and he's not going to reduce the deficit on the backs of the poorest citizens and ask nothing of the wettleyest . stand up for the principles and american people voted for and he hope to accomplish thing in a bipartisan way . the differences on certain policy issues aside, this is a nonpartisan event and civic event and times for leaders to get together in a peaceful transition of power and in too many companies around the world that doesn't happen. >> this is remarkable thing to witness. thank you for joining us today and enjoy your celebration. all of the best. >> thanks for having me. fox news channel is your home for complete coverage this

weekend. we invite you to watch the special live coverage of the president's wearing in ceremony beginning at 11:00 a.m. tomorrow. now it is pushing a path of aggressive gun control in a generation and a bitterly divided congress. the proprietary -- white house in the gun debateurging americans to turn out in mass in gun stores and gun shows to show their support for second amendment rights is it national gun appreciation day and katherine harris is joining us live in a gun shop in virginia. katherine? >> good afternoon and welcome to waronton. this is a clark brother's gun shop. the parking lot is packed and so is the range that you can see behind me. a lot of folks came for gun

appreciation day that is self explanatory and a nationwide call for gun owners supporting the second amendment. we spoke to two gun owners and said gun appreciation day very much appreciated. we have so much divisiveness from this particular administration. i think there is a group of people to try to figure out how can we reverse it and turn it around and make it look ugly. this is it a fabulous thing supporting the second amendment. >> it would have to be tougher enforcement and stronger evaluation to get a weapon. maybe if pushed 21 and rifle age to 21 and pistol and handguns are up farther that would be a good idea. >> we can't tell you how many gun shops and gun ranges and gun owners are participating

nationwide and there it is a nationwide call to show support for the second amendment. earlier this week organizers explained their objection. >> the individual fire arm is a symbol of our freedom and liberty and we are asking people to come out to their gun ranges and gun stores and bring their constitution and their flag carry signs and let us celebrate the freedom that we have and that is represented in the first and second amendments. because gun celebration day is a celebration of the first and second amendment. gun appreciation day really shows a certain amount of political tone deafness coming before martin luther king jr. day and after newtown, uma. >> sounds like a lot of folks are out there and it is quite loud. >> thank you very much. >> critics in congress worry

about the second amendment rights and said the white house proposal will not stop gun violence. the house judd committee will look at whether the president's executive orders are constitutional. joining us is a member of that communitiee. congressman gouty. thank you for joining us. >> thank you and good morning from south carolina. >> hello to south carolina. do you think there are specific concerns in the proposal that infringe and challenge the constitution? there are two proposals. the executive orders will be analyzed. i am not a huge fan much executive order and i am not. when there is it a republican president or democrat president. i analyzed executive orders and some of them, for instance call are on the fbi to enforce law.

why didn't you have already done that. and why did it take newtown to ask them to enforce the law. others with mental health may make people feel better. but the reality is there is evil in the world and no order can prevent that. >> with the respect to the ban on assault weaponings, uma, go back to the last ban we had. we had columbine right in the middle of it we have a ban on murder and not working out well . ban on heroin and that is not working out well . ban on child pornography. what i am interested in doing is analyzing the president's proposal and everyone's proposal from a constitutional pris'm and not a political pris'm . if they make the argument under the second amendment with respect to the proper level of constitutional executiny i am happy to listen to them but i am not interested in a political gimmick.

>> that said in terms of reviewing it right now, do you see any red plags at this poign where there is concerns over constitutionality? >> well, it depends on which level of scutiny. i don't mean to sound like a law professor, the second amendment was written by the folks who wrote the first one. what level of constitutionality do i want to apply? what level of are you willing to apply to that? there are certain proposals that i think would be helpful. i wrote the attorney general. it is currently against the law for people who are adjudicated to possess a pellet or ar-15 . i wrote the attorney general and said how good are you doing enforcing current law

with respect to mental health? i don't want a dangerously mentally ill person having a slingshot or a plastic much less an ar-15. but on the other hand one of my colleagues in south carolina has an ar 15 lindsay graham and that doesn't bother me in the least. if we enforce the law and that proves to be inadquate i am happy through a constitutional pris'm to listen to the proposal. but allowing for the centers for disease control. to study gun violence. i don't have an issue with that . i don't have an issue for law enforcement agencies to share information. i don't have an issue with that. if there is anything that unites people in this country it is it a desire to protect children . that is not a republican or democratic principle.

we all want to do it. but uma, if i were to introduce a law that if you are uneducated, you can't have a blog, you would go nuts and appropriately so. you would say that is not the proper analysis under the first amendment. all i am asking, don't give me political talking points or gimmick, make the argument from a constitutional perspective and applying the proper level of executiny that government can restrict this right. also keep in mind, we already have gun control. there are controls on who can have them and where they can have them and what type of guns you have. it is not like you have an unfettered right to process the guns that you want to. we acknowledge we already have it and fine tout if it is enforced aggressively enough and if not, from a constitutional perspective. what can we do to make the world a safer place for our

children. >> i want to ask you quickly. did you get an answer to the level that you sent to the attorney generall? >> i have not yet. i used to work for the department of justice and i know they are busy and i am sure they know inun dated. they are working on it . i take them at their word and my guess is it will not take long to get that information and i guess they haven't prosecuted many people under that precise code section that said if you are adjuticated or mentally ill you can't a gun. i did zero cases under that code section and leads one. maybe we need to redraft that code section. one of our fox news contractob dr. krauthammer said it is almost impossible to have someone admitted to a mental institution in 2013. it is almost impossible. i was a da for 10 years.

>> and all right. congressman, thank you for joining with your insights, we appreciate it and all the best to you. >> coming up. miss america pitching the national day of service and will be live in our show . news in airport security. this time the change will make millions of travelers very happy. under his watch crime dropped 50 percent and former mayor guiliani tells me what the key is and why there is room for compromise on gun control in washington. >> it will surprise you to know that i would support an assault weapon's ban. my doctor told me calcium is efficiently absorbed in small continuous amounts. citracal slow release continuously releases calcium plus d with efficient absorption in one daily dose. citracal slow release. campbell's has 24 new soups

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welcome back everybody. the controversial scanners will be a thing of the past. they have decided to stop using those body engineer scanners with the long lines. peter dooser is following the score -- story. >> the tsa has gotten rid of the so-called naked image scanners and more will be gone by summer. they had a man date to fix the

soft wear and so the naked body images look like stick figures with the apr technology. but couldn't do it in time. they said by june 1st. travelers will only see machines that have atr that allow for faster threw put and faster lanes for the traveler and enhanced security. the tsa's move here makes sense. >> the fourth amendment requires that you can't be searched or seized and obviously the scanner is not a warrant. they are making it in line with the fourth amendment and not a violation of people's rights. >> back in march house transportation committee chair said the tsa was spending a lot of money for scanners that he didn't think were keeping fliers safe.

>> it is going for unfortunately theater security and not real security and we have to stop paying that price before we pay a huge proprietary with another successful attack by terrorist . >> tsa is still going to use full body scanners that create generic images of bodies, but travelers have always been able to opt out if they prefer a pat down. >> lesser of two evils. a lot of people will be happy about the news. >> thank you very much. all right. >> to get that call, two partings. one, step down as chairman and stay on the board. stay involved. that was not enough. that was not enough for the people, for our supporters and

then a couple weeks later the next call came, we need to you to step aside. >> part-two in the doping can confession. lance armstrong said charity live strong is like his sixth child. the former seven-time tour de france winner lost out on lucrative endorsement deals because of the deal. armstrong admitted to using epo and human growth hormone and blood transfusion and testosrone. >> and newly crowned miss america is among those hard at work and she will be joining us next . former new york city mayor guiliani harsh words on president obama's plan to enact stricker gun laws. >> i think the president's program is false, misleading and to some extent

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>> we are trying to stay informed of the situation. a lot of this information remaintenance sketchy we know that lives are lost and i pledge to continue our close consultation on this issue until the crisis has final low ended. >> this update now on the algerian hostage situation. u.s. officials are pressing the algerian government for more details. this as we are hearing reports that a hostage stand off in algeria may be over. special forces stormed the gas plant killing 11 militants there and also say that 7 hostages were killed by the militants. there is no details and including the number of americans that may have been involved and some of the them

have been moved to a hospital there. after a harsh back lash and outraged criticings. the journal news is removing names and addresses of gun owners who live in westchester and rockland county in new york. the decision to remove was not because of strong criticm, the database has been public for twen days and those who wanted to view it have done so already. the decision comes days after two houses listed on the maps were targeted by robbers. critics were upset that the published names put those people at risk. >> there is a polarizing debate in washington and one of the outspoken leaders is responding. former new york mayor guiliani said the key to increasing safety and washington can find

compromise. >> new york gun control when i was mayor pretty much the same in eight years and crime went down, 60 percent. 50 or 60 and homicide 65 percent . another interesting comparison is that new york has few murder and chicago has a lot of the murders percapita two orly times in new york. they are both strict on guns and one has a lot and one has little. the worry is proactive policing. it doesn't matter the gun control. are you taking the guns out of the hands of the bad guys. gun control affects the good guys. you can't tell bad guys you can't have a assault weapon they say go to hell . they keep the 15 magazines and you have to take the guns away from the bad guys . we had every strategy to find

way to seize guns from bad guys it means a lot of searches and seizures and it does mean uncomfortable entrusion sometimes in what people consider privacy. i thought the right to protect the government was parra mount in thatuation. cuget critized in that area . that is the reason why new york has so little murder and why new york was the safest large city. it was a way to measure crime specifically and move your police to the right place at the right time, and it was literally taking the guns and pulling them away from the bad guys >> from your point of view. how do you characterize what is happening in the white house? >> i think it is false, misleading and unconstitutional. >> where is it unconstitutional. >> the original assault

weapon's ban was passed before the supreme court made it clear there is a constitutional right to bear arms and defend yourself. now, if you are reducing sigly the ability of a person to defend themselves you are violating the constitutional right. there are millions of guns out there. and a large percentage of the guns are in the hands of bad guys and you pass a law and you say in a glock, you have to have a magazine that carries only 10 bullets and right now carries 15 or 16. all we can . all of the lejet mate people comply. they go down to 10. every bad guy doesn't do it they are now at 15 or 16 . so if you think of it this way, we have the guns and some in the hands of good guys who follow the law and in the bad

guys who care about the law. i don't know if the police are exempt from the laws or not. i hope they are. i am not sure expolice officers are exempt from the laws and with regard to me personally, being able to defend myself. you just reduced significantly my ability to defend myself. you have given the bad guy a greater advantage over me he didn't have before. does that violate the constitutional right to bear arms where you cannot infringe. cannot infringe. it might. that is a good argument . everyone agrees that the definition of a assault weapon is vague. when did does it become an assault weapon. the 50 law ineffective because it defined it vaguely. you define it now with a new constitutional decision. it is it vagueness.

you can't right a vaug law that restricts a constitutional right. you have to right a specific law that s clear it is it fill would with constitutional issues that didn't exist first time they went through and these people are politicalal talking about this. >> let me jump in here. the polarization that is evident right now in this issue . do you see any room for compromise. >> the president is approaching it increckly. it would surprise you to know that i would support an assault weapon's ban and i did in the past if it other than written honestly and really an agreement to strict the pistol and not trying to be so broad it encompassed a group of weapons some of which people need to defend themselves f.

they were honest and talking about military style weapons and they define today narrowly i can't see and reason why you don't pass that. but they aren't doing that. they are infringing on a person's right and being dishonest about the affect it is going to have. having all of those children around them. >> what do you think about that? >> it is always nice to see children. but he's not talking about mental health and videos and horrible thing that is children are able to see because he is afraid to take on hollywood . he's not talking about parental decisions . maybe some of which have to be interfeared with in order to get at people who are mentally ill it is uncomfortable and not easy. it has more to do to protect the children. putting cops in the school

with guns would have more to do with protecting the children. we gich the republicans reasonable gun legislation . legislation regarding mental health legislation restricting some what the violent videos, if you do a package that encamp passed the full strange i might be enclined temperature is not the way bill clinton or reagan or lynn did - lincoln did it. they put a package and gave you what you want me what i want met in the middle. he's taking out everything for himself. already. fair and balanced after the break. you will hear from one mayor that is supporting the push for tighter gun control. the mayor of south carolina who is part of the poll and mayors against illegal guns .

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>> welcome back everybody. thousands of merrence are joining the first and second in the national day of service. they are well with one of the special celebrity guests, molly. >> hi, we bring in the special guest and i want to tell you there are two purposes for the national day of service. in part the way to kick off the penth presidential inauguration of the inaugural weekend and a way to celebrate martin luther king jr. whose holiday is monday. we have video of the president and first lady. they went to an elementary school in washington d.c. to produce it up. we have video of them panting a book shelve and the victim and his family went to the dc

armory and helped tod build care packages and the troops over seas need to know we remember them. here on the national mall, that is the grassy area. it is tinted with stations for people to volunteer. they will backpacks for children in need and help paint the mural for the dc public school and learn how to use recycled material. it is a newly crowned miss america . mallory thanks for being here. why did you want to take part of the national day of service? >> it is a wonderful way to commemorate martin luther king jr. and if is one of the four points of the miss america crown and we are heavily involved in community service and it is important for everyone in the united states to be involved. >> your life has changed in

the past week or 10 days. >> it has. >> it is so different. i have lived on my own six years and it did different to learn how to let the reigns go and let them take control. i have a wonderful team of people supporting me and it is an opportunity to promote opportunity and education and service. >> will you watch the ineration. >> i have two standing tickets and this will be history in the make something i will not forget. >> have you ever been to the ununaugusteration. >> first trip back to dc since i was 7. i will go to the smithsonian and spend time with the friends here in the dc area. >> thank you for joining us . taking part in the national day of service . chelsea clinton and actress evan longoria is also here. and our thanks to miss

america and molly, too. >> a group much mayor is joining forces to support the white house gun control. we'll talk to the mayors next. ♪ ♪ ♪ [ male announcer ] you don't have to be a golf pro to walk like one. ♪ when you walk 10,000 steps a day, it's t same as walking professional golf course. humana. health and well-being partner of the pga tour.

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>> welcome baca. fair and balanced . the mayor is an active member of mayors against illegal guns. to respond to my interview with former mayor guiliani. the mayor as you can see was outspoken of his concerns of what the new legislation could bring about and said there are constitutional challenges here. what do you say about this? >> the mayor is against illegal guns and i don't believe the second amendment is in play in these issues. we are talking about reasonable gun reforms that are supported by gun owners and a vast majority of nra members. reforps that we are talking about are not designed to take guns from people . they are to keep them out of the hans of criminals and out of the hands of people who is

got mental illness . as a mayor and any mayor would say the same thing. our number one priority is to insure the safety of our community. guns in the hands of dangerous people and high ammo-clips is not safe for our community. i don't believe the second amendment is what we should be concerned about. i know in the least the proposals we put on the table . i am proud of the president to take action . i heard the mayor's concern about people with mental illness and our larger cultural issues and i think he had an important point to make. he should realize that is what the president did this week. he released the cvc and allowing them to investigate the impact of video games and

films on violent behavior. that is something that was not happening last week and because the president took action can now happen. >> you are on the front lines of the issue in a big way. you have a big university there is school safety and it is it a top priority . the share of violent situations that have taken place in your community unfortunately. do you believe though in going forward it is a question of enforcing the laws that are on the books? >> that is a a criticism. the laws that are there and in place to make a difference are not utilized properly. why have more lawos top of this one? >> you make a good poign. we need to be more affective in enforcing the laws and for example one of the proposal that the mayor is against illegal guns is adopted and the president's plan which is to ban assault weapons and

high capacity ammunition magazines and that would directly impact one of the greatest tragedies in chapel hill, a mentally ill man walked down the main street and shot many people. that event defiled chapel hill and our psyche. we are a low crime generally and thought nothing like that would happen as the people of newtown would say it is just a big city problem and doesn't happen here. but it happen in communities all over the country. if that man would have had limitations on his ability to get high capacity magazines, he could have been subdued. it was when he was reloading he was tak know down. >> mr. mayor, thank you so

much for joining us with your insights and we wish you all of the best. >> thank you. >> take care. >> what a difference four years made. we'll look at president obama then and now right after the break. do you make 70,000 trades a second... ♪ reach one customer at a time? ♪ or help doctors turn billions of bytes of shared information... ♪ into a fifth anniversary of remission? ♪ whatever your business challenge, dell has the technology and services to help you solve it.

>> what a difference four years in the white house is. and it shows him smiling in the oval office with a few more gray hairs, a